CHOLAMANDALAM MS GENERAL INSURANCE Vs. SMT. NAIMA BIBI

JUDGEMENT

(1.) The present appeal is filed by the appellant-insurance company with a challenge to judgment dtd. 30/10/2017, passed by the Motor Vehicle Claims Tribunal, Ajmer (for short, 'the Tribunal') in Claim Petition No. 469/2016, filed under Sec. 173 of the Motor Vehicles Act, 1988, whereby the claim petition was allowed and the Tribunal had allowed compensation to the tune of Rs.10,79,050.00 with interest of 6% per annum w.e.f. the date of filing of the claim petition i.e. 23/10/2016.

(2.) Learned counsel for the appellant submits that the Tribunal has wrongly assessed the loss of income on account of death of the deceased as the business which was being run by the deceased has now been taken over by his son, who is continuing with the business and therefore it cannot be said that there is a loss of income. Learned counsel further submits that the learned Tribunal has determined the yearly income on the basis of the average of the income of two financial years that are 2014-15 and 2015-16. He also submits that since the wife of the deceased was the only dependent, the deduction towards the personal expenditure was to be made 1/2 of the income, but the Tribunal made deduction of 1/3 only treating his major son as his dependent.

(3.) No one has put appearance on behalf of the respondents/claimants even after service of the notices.